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Home My WebLink About10/03/1994 Regular . . . City of Springfield Regular Council Meeting MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, OCTOBER 3, 1994 The City of Springfield Council met in Regular Session in the Springfield City Council Meeting Room, 225 Fifth Street, Springfield, Oregon, on Monday, October 3, 1994, at 7:08 p.m., with Mayor Morrisette presiding. ATTENDANCE Present were Mayor Morrisette and Councilors Maine, Beyer, Burge, Schanz, and Shaver. Councilor Walters was absent (excused). Also present were City Manager Mike Kelly, Assistant City Manager Gino Grimaldi, City Attorney Tim Harold, City Recorder Eileen Stein, Administrative Aide Shari Higgins and members of staff. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Morrisette. INVOCATION The Invocation was performed by Father John Hondros, Greek Orthodox Mission. CONSENT CALENDAR IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR MAINE, TO ADOPT THE CONSENT CALENDAR. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. COUNCILOR WALTERS WAS ABSENT. 1. Claims 2. Minutes a. September 12, 1994 - Joint Meeting With SUB b. September 12, 1994 - Work Session c. September 12, 1994 - Continued Regular Session d. September 19, 1994 - Work Session e. September 19, 1994 - Regular Session f. September 19, 1994 - Work Session 3. Resolutions a. RESOLUTION NO. 94-60 - A RESOLUTION TO ACCEPT PERMIT PROJECT 3-676: GOOD NEIGHBOR CARE CENTER PHASE II SANITARY SEWER IMPROVEMENTS. b. RESOLUTION NO. 94-61 - A RESOLUTION TO ACCEPT PERMIT PROJECT 3-879: BISHOP ESTATES. 4. Other Routine Matters a. Award Bid for Project 1-908: Traffic Signal Installation, Gateway Street at Beltline Road, to Lantz Electric, Inc., in the Amount of $81,611.25. . . . City of Springfield Regular Council Meeting Page two b. Grant permission for Contractors Working on Project 1-908, Gateway Street at Beltline Road, to Work Between the Hours of 7:00 p.m. and 6:00 a.m. PUBLIC HEARINGS 1. Initiate Annexation of Territory to the City (Thompson) RESOLUTION NO. 94-62- A RESOLUTION INITIATING ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF SPRINGFIELD AND REQUESTING THAT THE LANE COUNTY LOCAL GOVERNMENT BOUNDARY COMMISSION DELAY THE EFFECTIVE DATE TO JANUARY 2, 1998 AND APPROVE AN EXTRATERRITORIAL EXTENSION OF SANITARY SEWER. Planner III Mel Oberst presented the staff report. The City Council was asked to conduct a public hearing and adopt the resolution initiating annexation and requesting that the Boundary Commission delay the effective date and approve an extraterritorial extension of sanitary sewer. Mr. Oberst clarified there are four urban sized lots proposed for the development. Mayor Morrisette opened the public hearing. No one appeared to speak. Mayor Morrisette closed the public hearing. IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR SHAVER, TO ADOPT RESOLUTION NO. 94-62. THE MOTION PASSED BY A VOTE OF 5 FOR AND 0 AGAINST. COUNCILOR WALTERS WAS ABSENT. BUSINESS FROM THE AUDIENCE 1. Judy Bowman, 1355 L Street, spoke regarding the Correspondence and Petitions item from Diana Chambers and the alley behind her house being closed off from access. She asked the Council to assist the neighbors in keeping the alley open. 2. Bill Newton, 1332 Centennial, said he is the co-owner of the property at 1332 Centennial with Diana Chambers. He said the City did not provide a curb cut when the recent street project was completed. He stated that the alley was acquired by the public by prescription and that could not be extinguished by the City by not providing a curb cut. He believed the fence across the alley constituted an illegal adverse possession. 3. Art Kennedy, 1404 Centennial, spoke in favor of the alley use for the neighborhood. He stated the alley has been used for over forty years and he would have to reconstruct his landscaping if the alley access is not allowed. 4. Phil Christensen, 1356 Centennial, spoke in favor of the alley use and asked why one side of Centennial Street has alley ways and the other does not. 5. Diana Chambers, 1332 Centennial, spoke regarding the alley being opened up again for the use of her tenants. She explained the neighbors at the north end have placed a fence in front of the curb cut closure. City of Springfield Regular Council Meeting Page three . COUNCIL RESPONSE Council had a lengthy discussion regarding the alley usage issue. Councilor Shaver suggested each property owner dedicate a portion of their property to be used as an alley and the City provide the necessary gravel. Councilor Burge asked if prescriptive possession rights applied to Public Utility Easements (PUE). Mr. Harold replied no, and explained that the City could not dedicate or improve a PUE. After discussion, Council asked staff to remove the existing curb cut on the south end of the alley, after permission is obtained by all adjoining property owners. 6. Fran Arneson, 4th and Main Street, stated she is the manager of the Salvation Army store. She complained about drug dealers and loiterers who frequent the alley behind her store. She asked the Police Department to routinely monitor the area around Sprenger's. 7. Susan McCallum, 229 N. 54th Street, said she is the owner of the Moss Rose store. She also spoke about the loitering and drugs that are apparent in front of and in the alley behind Sprenger's. She asked for help from the Police Department. COUNCIL RESPONSE Councilor Schanz suggested the Police Department document complaints received for Sprenger's. Mayor Morrisette said staff might review the complaints before recommending Sprenger's liquor license renewal. 4It PUBLIC HEARINGS 2. Sale of Property Along Quarry Road Property Manager Jim Douglas gave the staff report. The City Council was requested to hold a public hearing and authorize the. City Manager to sell 19,006 square feet of Tax Lot 17-03-35-00, 00307, located along Quarry Road to Timber Products Co. for $19,006 cash. Mr. Douglas told the Council the original square footage changed slightly. Councilor Burge complimented Mr. Douglas on the transaction and recommended approval. Mayor Morrisette opened the public hearing. No one appeared to speak. Mayor Morrisette closed the public hearing. IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR SHAVER, TO AUTHORIZE THE CITY MANAGER TO SELL 19,000 SQUARE FEET OF TAX LOT 17-03-35-00, 00307, LOCATED ALONG QUARRY ROAD TO TIMBER PRODUCTS CO. FOR $19,006 CASH. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. COUNCILOR WALTERS WAS ABSENT. . City of Springfield Regular Council Meeting Page four . CORRESPONDENCE AND PETITIONS 1. Correspondence from Diana Chambers, 3675 E. Amazon Dr., Eugene, Regarding Paving on 13th Street. [See staff response and Council response to Business from the Audience] IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR BEYER, TO ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A VOTE OF 5 FOR AND o AGAINST. COUNCILOR WALTERS WAS ABSENT. ORDINANCES 1. Paint Ball Operations ORDINANCE NO. 1 - AN ORDINANCE AMENDING SECTIONS 5-11-1 OF ARTICLE 11, CHAPTER V OF THE SPRINGFIELD CODE PERTAINING TO FIREARMS (FIRST READING) . ORDINANCE NO.2 - AN ORDINANCE AMENDING SECTION 8-6-15, 8-6-16, 8-6-17 AND 8-6-18, ARTICLE 6, CHAPTER VIII OF THE SPRINGFIELD CODE PERTAINING TO THE OPERATION OF SHOOTING AREAS (FIRST READING) . . Police Chief Bill DeForrest gave the staff report. He explained the City Attorney has provided a legal opinion that paint ball guns used in paint ball operations fall within the City Code (5-11-1) definition of a firearm. It is unlawful for any person to discharge a firearm within the City of Springfield. Unlike other means of recreational shooting, i.e., target, trap and skeet, there is no provision in the City Code whereby the Council may issue a permit for a paint ball operation. Therefore, the current paint ball operations are operating in violation of the City Code. The purpose of these ordinances is to allow this activity, subject to licensure. Ordinances No. 1 and 2 will receive a second reading on October 17, 1994. BUSINESS FROM THE CITY COUNCIL 1. Committee Appointments. 2. Other Business. a. Dedication of Meeting Room Number 2 in Memory of Jesse Maine. IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR SHAVER, TO DEDICATE MEETING ROOM #2 IN MEMORY OF WARD 6 COUNCILOR JESSE MAINE AND RENAME IT THE JESSE MAINE ROOM. THE MOTION PASSED WITH A VOTE OF 5 FOR AND o AGAINST. COUNCILOR WALTERS WAS ABSENT. b. Councilor Shaver asked that Council write a letter to Senator Dwyer regarding Lane Transit District (LTD) and their business practices. He felt LTD needs an elected body to govern their business and currently there is no local control over LTD as a taxing district. Councilor Burge supported comments made by Councilor Shaver and agreed LTD needs a degree of accountability. . IT WAS MOVED BY COUNCILOR SHAVER WITH A SECOND BY COUNCILOR BURGE TO HAVE COUNCILOR SHAVER DRAFT A LETTER TO SENATOR DWYER FROM THE SPRINGFIELD CITY COUNCIL REGARDING LANE TRANSIT DISTRICT BUSINESS PRACTICES. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. COUNCILOR WALTERS WAS ABSENT. . . . City of Springfield Regular Council Meeting Page five c. Councilor Shaver asked for Council consensus to allow a Harley-Davidson dealership in the downtown area to sell used motorcycles, as an exception to the used car dealership limitations in the Springfield Development Code. Council agreed and ask staff to research a possible development code amendment. d. Mayor Morrisette stated he would be absent for the next two Council meetings, and would be out of town from October 5 through the 23. He stated Councilor Maine would attend the Metropolitan Policy Committee meeting in his absence. BUSINESS FROM THE CITY MANAGER a. Mr. Kelly reminded Council of the Special Meeting scheduled for October 4, 1994, at 12:00 noon. ADJOURNMENT THE MEETING WAS ADJOURNED AT 8:20 P.M. Minutes Recorder - Shari Higgins ~~ Mayor ATTEST: ~~ City Recorder